People v. Goolsby
Annotate this CaseAfter a jury trial, Defendant was convicted of violating Cal. Penal Code 451(b), which forbids arson of “an inhabited structure or inhabited property.” Specifically, the jury found Defendant guilty of “arson of an inhabited structure as charged.” The prosecution did not charge Defendant with arson of property, but the court instructed the jury on it. In accordance with the trial court’s instructions, the jury did not return a verdict on the lesser crimes, including arson of property. The Court of Appeal reversed, finding the evidence insufficient to sustain the conviction, which precludes retrial of that charge. The Supreme Court reversed, holding that, under the circumstances, the lesser offense of arson of property was prosecuted in a single proceeding along with the section 451(b) charge, and therefore, Cal. Penal Code 654, as interpreted in Kellett v. Superior Court, does not prohibit retrying Defendant for that lesser offense.
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